McMahon v. New York Elevated Railroad

Appellate Division of the Supreme Court of New York

McMahon v. New York Elevated Railroad

37 N.Y.S. 958, 73 N.Y. St. Rep. 578

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 6, 1896

StatusPublished

This text of 37 N.Y.S. 958 (McMahon v. New York Elevated Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McMahon v. New York Elevated Railroad, 37 N.Y.S. 958, 73 N.Y. St. Rep. 578 (N.Y. Ct. App. 1896).

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Opinion

PER CURIAM.

We are all of opinion that the evidence in this case is entirely insufficient to sustain the report and judgment. A new trial must be awarded, because there is nothing in the record which would justify a modification. The testimony is too slight to enable the court to reduce the awards to any fixed sum. The case was tried seemingly without appreciation of the necessity for proper and adequate proof such as is required in all these cases. The judgment must be reversed, and a new trial ordered before another referee, to be appointed by the court, with costs to the appellants to abide the event.

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PER CURIAM.

We are all of opinion that the evidence in this case is entirely insufficient to sustain the report and judgment. A new trial must be awarded, because there is nothing in the record which would justify a modification. The testimony is too slight to enable the court to reduce the awards to any fixed sum. The case was tried seemingly without appreciation of the necessity for proper and adequate proof such as is required in all these cases. The judgment must be reversed, and a new trial ordered before another referee, to be appointed by the court, with costs to the appellants to abide the event.

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Bluebook (online)

37 N.Y.S. 958, 73 N.Y. St. Rep. 578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmahon-v-new-york-elevated-railroad-nyappdiv-1896.